One of the things people like about the internet is that it is perceived to provide anonymity. However, a recent decision of the Queensland Supreme Court serves as a reminder that your activities on the internet may not be as anonymous as you think. A father was sentenced to 12 months imprisonment, wholly suspended for … Continued
Introduction Protective costs orders are orders made by a court at the beginning of a proceeding, capping the parties’ potential liability to pay their opponent’s costs in the event they are unsuccessful. They are a recent and rare introduction to the legal landscape in Australia, and appear to be limited to cases where the court … Continued
There are increasing numbers of self-represented litigants in our courts and tribunals. Self-represented litigants, or SRLs, pose particular challenges, especially for government agencies (including local government). This article looks at what a SRL is, the issues they raise for government dealing with them and some tips to help manage them, as well as some … Continued
In July, we advised of proposed reforms to Victorian Privacy Laws, brought about by the Privacy and Data Protection Bill 2014 (Bill). To access our previous article titled ‘Proposed Change to Victorian Privacy Laws’, which sets out an overview of the reforms and the implications for the Victorian Public Sector, click here. This week, the … Continued
On 14 July 2014, the House of Representatives’ Standing Committee on Social Policy and Legal Affairs (Committee) published a report on the impact of drones on privacy in Australia. Titled Eyes in the Sky: Inquiry into the Regulation of Air Safety and Privacy (Drones Report), the paper discusses many of the issues that arise from … Continued
The new Australian Privacy Principles (APPs) came into effect on 12 March 2014. In APP 8, they introduce a new ‘accountability’ approach to cross-border disclosures of personal information. The Office of the Australian Information Commissioner (OAIC) has indicated that an entity using a cloud service provider will not be required to comply with APP 8 … Continued
The Privacy Commissioner has held that Aerocare Pty Ltd interfered with the privacy of an airline passenger, by asking him questions about his medical condition in the departure lounge of the Sunshine Coast airport, in front of his sighted guide and in close proximity to other passengers. Background The OAIC received a complaint by an … Continued
In a decision of interest to both secured creditors and liquidators, the High Court has now overturned a decision of the Court of Appeal of the Supreme Court of Victoria that found a liquidator was not entitled to an equitable lien to secure his reasonable costs in obtaining a settlement sum. In Stewart v Atco … Continued
The Victorian Civil and Administrative Tribunal Amendment Act 2014, which was passed on 1 April 2014, contains reforms relevant to FOI proceedings. Most significantly, the reforms will enable the Tribunal to: invite an agency to reconsider its decision at any time in a review proceeding make an order in relation to fees (including application and … Continued
Why is risk-based regulation important for local government? There is a broad range of areas for which local government has a regulatory oversight role, including building, planning, food safety and animal management. In July 2012, the Productivity Commission (Commission) issued a report entitled ‘Performance Benchmarking of Australian Business Regulation: the Role of Local Government as … Continued